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(영문) 수원지방법원 성남지원 2016.09.02 2016고정675
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C Construction Co., Ltd. located inHanam-si, and was employed from August 17, 2015 to October 30, 2015 and retired on October 30, 2015, did not pay KRW 3 million of wages of D within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Declaration of non-existence of punishment after public prosecution: Submission of a written agreement dated August 26, 2016;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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